Supreme Court Rules for School District in IDEA Case
Parents who challenge their children's education plans under the federal special education law have the burden of proof in due-process hearings, the Supreme Court has ruled.
The court, in a 6-2 decision on Nov. 14, held that whichever party brings such a challenge to an individualized education program under the Individuals with Disabilities Education Act is the one that must prove its case. So school districts would bear the burden in cases in which they challenge an IEP.
But even Justice Sandra Day O'Connor, who wrote the majority opinion, acknowledged that "as a practical matter, it appears that most hearing requests come from...
This article is available to subscribers only.
To keep reading this article and more, subscribe now or purchase this article.
Subscribe to Education Week and Save
Get a full year and save up to 45%!
Viewed
Emailed
Recommended
Commented
- K-8 Principal
- EdVantages/Performance Academies, Detroit, MI
- Superintendent
- Pinellas County Schools, Pinellas County, FL
- Elementary School Teacher
- Success Academy Charter Schools, New York, NY
- Principals
- Prince George's County Public Schools, MD
- 2 Positions -Associate Superintendent and Chief Academic Officer, and Director of Human of Resources
- Washington County Public Schools, Hagerstown, MD


